Karnataka High Court Quashes POCSO Case Against Muslim Man For Impregnating Minor Wife
2 years, 2 months ago

Karnataka High Court Quashes POCSO Case Against Muslim Man For Impregnating Minor Wife

Live Law  

The Karnataka High Court has quashed the POCSO case registered against a Muslim man for impregnating his minor wife. The order was passed by Justice K.Natarajan on 10th October, two days before another single bench of the High Court declared that POCSO Act overrides personal law and thus, the age for involving in sexual activities is 18 years. The case against the instant Petitioner was instituted on a suo moto complaint registered by Chandra Layout police upon receiving information from BGS Global hospital that the victim girl came to hospital for medical check up, she was pregnant and she was also minor, aged about 17 years 2 months. Considering the facts and circumstances of the case, continuing to allow criminal proceedings is abuse of process of law and no purpose would be served if the victim turns hostile during trial and the question of conducting investigation against the petitioners by the investigation officer is a futile exercise.Both the parties are permitted to settle the dispute and compound the offence."

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History of this topic

POCSO case against Yediyurappa cannot be quashed as victim’s statement has to be tested during trial as she is the lone eyewitness: CID tells Karnataka High Court
13 hours, 56 minutes ago

POCSO case against Yediyurappa cannot be quashed as victim’s statement has to be tested during trial as she is the lone eyewitness: CID tells Karnataka High Court

The Hindu  

The criminal case against former Chief Minister B.S. Yediyurappa on the allegation of sexually assaulting a 17-year-old girl at his residence cannot be quashed as the victim had recorded her voluntary statement before a magistrate affirming the allegations made in the complaint lodged by her mother, it was contended before the High Court of Karnataka on Wednesday on behalf of …

Muslim Male Cannot Seek Divorce Under Dissolution Of Muslim Marriages Act But Has Remedy Under Family Courts Act: MP High Court
5 days, 16 hours ago

Muslim Male Cannot Seek Divorce Under Dissolution Of Muslim Marriages Act But Has Remedy Under Family Courts Act: MP High Court

Live Law  

The Madhya Pradesh High Court has made it clear that even though a Muslim man has no way to seek divorce under the Dissolution of Muslim Marriages Act, 1939, he is not rendered remediless in law and he can seek recourse under Section 7 of the Family Court Act, 1984 to seek divorce from his wife. The counsel further submitted …

Sexual Assault Child Victim Has No Locus To File Quashing Plea In Name Of Saving Family's Honour, Future: Himachal Pradesh HC
1 week, 1 day ago

Sexual Assault Child Victim Has No Locus To File Quashing Plea In Name Of Saving Family's Honour, Future: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court has observed that after setting the criminal machinery into motion, the complainant's role ends, and the complainant or the child victim has no locus standing to file the petition for quashing a POCSO Case, that too, in the name of saving the family's honour. At the outset, the Court opined that the complainant's role ends …

HC refuses to stop POCSO-accused woman’s access to minor daughter
2 weeks, 3 days ago

HC refuses to stop POCSO-accused woman’s access to minor daughter

Hindustan Times  

MUMBAI: The Bombay high court on Tuesday refused to interfere with a Pune family court order, setting out an arrangement of sequential alternate access to a minor girl child, of 15 days each between her father and mother. A vacation bench of justice Somasekhar Sundaresan refused to pass any interim order on the petition filed by the woman’s estranged husband, …

Presumption Of Guilt U/S 29 Of POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction
2 weeks, 5 days ago

Presumption Of Guilt U/S 29 Of POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction

Live Law  

The Punjab & Haryana High Court has acquitted two men in a sexual assault case under the Protection of Children from Sexual Offences Act, observing that the presumption under Section 29 for abetting or attempting to commit certain offences under the Act cannot be drawn on account of lack of evidence.As per Section 29 of the POCSO Act, where a …

Presumption Of Guilt U/S Of 29 POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction
2 weeks, 5 days ago

Presumption Of Guilt U/S Of 29 POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction

Live Law  

The Punjab & Haryana High Court has acquitted two men in a sexual assault case under the Protection of Children from Sexual Offences Act, observing that the presumption under Section 29 for abetting or attempting to commit certain offences under the Act cannot be drawn on account of lack of evidence. As per Section 29 of the POCSO Act, where …

Cannot Quash POCSO Case Against BS Yediyurappa Based On Witnesses Statement Denying Alleged Incident: Karnataka High Court
4 weeks ago

Cannot Quash POCSO Case Against BS Yediyurappa Based On Witnesses Statement Denying Alleged Incident: Karnataka High Court

Live Law  

The Karnataka High Court on Wednesday expressed a prima facie view that it was not possible for it to quash proceedings initiated against former Chief Minister B S Yediyurappa registered under the Protection of Children From Sexual Offences Act Act, solely on the statements of witnesses recorded under Section 161 which have given a contrary view to that of the …

Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court
4 weeks ago

Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court

Live Law  

The Kerala High Court has held that remote chance of conviction due to compromise between the accused and the complainant should not serve as a ground to terminate investigation abruptly and to quash the FIR and further proceedings in serious offences involving POSCO Act. The court further said that legal position was comprehensive that criminal proceedings involving very serious offences …

Kerala High Court Weekly Round-Up: December 09 - December 15, 2024
4 weeks, 2 days ago

Kerala High Court Weekly Round-Up: December 09 - December 15, 2024

Live Law  

Nominal Index Manoj George v State of Kerala, 2024 LiveLaw 782 Manohari R v The Deputy Tahsildar, 2024 LiveLaw 783 DBS Bank India Ltd v The State of Kerala and Others, 2024 LiveLaw 784 M Shammy Kumar v State of Kerala & Connected Matter, 2024 LiveLaw 785 Nishad Padinjare Peediyekkal V Hyderiyya Masjid Mahall Committee, 2024 LiveLaw 786 State Bank …

POCSO Act Being Enacted Subsequently Will Prevail Over SC/ST Act In Case Of Conflict: Punjab & Haryana High Court
1 month ago

POCSO Act Being Enacted Subsequently Will Prevail Over SC/ST Act In Case Of Conflict: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has reiterated if there is a conflict between the provisions of POCSO Act and the Scheduled Castes and the Scheduled Tribes Act, then provisions of the POCSO Act will be applicable as it was enacted subsequently. It also reaffirmed that a regular bail plea moved in a case registered under the provisions of the …

[POCSO Act] Quashing Of Serious Offence To Efface Evidence Already Recorded Cannot Be Done Even At Instance Of Survivor: Kerala High Court
1 month ago

[POCSO Act] Quashing Of Serious Offence To Efface Evidence Already Recorded Cannot Be Done Even At Instance Of Survivor: Kerala High Court

Live Law  

The Kerala High Court dismissed a petition filed by the victim of a POCSO offence to quash the proceedings saying that serious offences are involved and the trial had reached at the end stage. The Court noted that that the accused is alleged of committing serious offences like aggravated penetrative sexual assault against the minor. Justice A. Badharudeen observed that …

Karnataka High Court Quashes Rape Case Against Fiance Who Absconded After Engagement Upon Being Booked In An NDPS Case
1 month ago

Karnataka High Court Quashes Rape Case Against Fiance Who Absconded After Engagement Upon Being Booked In An NDPS Case

Live Law  

The Karnataka High Court quashed a rape case registered by a woman against her fiance–who had absconded post their engagement after he was booked in a case under the NDPS Act–noting that the complainant's statement that she did not want to pursue the case further. The court after going through the records said, "After the registration of the crime in …

POCSO Case | High Court Grants Relief To Journalist Chitra Tripathi, Sets Aside Gurugram Court's Arrest Warrants
1 month ago

POCSO Case | High Court Grants Relief To Journalist Chitra Tripathi, Sets Aside Gurugram Court's Arrest Warrants

Live Law  

In a relief to TV News Anchor and Journalist Chitra Tripathi, the Punjab and Haryana High Court has set aside two orders of the Gurugram Court, issuing a non-bailable warrant of arrest against her in connection with a POCSO Case. It may be noted charges against 8 Journalists, including anchors Deepak Chaurasia, Chitra Tripathi, and Ajit Anjum, Syed Sohail, have …

Karnataka HC To Consider Whether POCSO Act Is Gender Neutral Or Not, Stays Proceedings Against Woman Accused Of Sexually Assaulting Minor
1 month, 2 weeks ago

Karnataka HC To Consider Whether POCSO Act Is Gender Neutral Or Not, Stays Proceedings Against Woman Accused Of Sexually Assaulting Minor

Live Law  

While staying further proceedings in a POCSO Act case registered against a 52-year-old woman on a complaint by the parents of a minor boy, the Karnataka High Court on Wednesday orally said that considering the case was against a woman it would have to lay down whether the law is gender neutral or not. Senior Advocate Hashmath Pasha appearing for …

Actress who accused Malayalam star Mukesh of rape withdraws complaint, says no 'support and protection from government'
Trending News
1 month, 3 weeks ago

Actress who accused Malayalam star Mukesh of rape withdraws complaint, says no 'support and protection from government'

Hindustan Times  

A 51-year-old Malayalam actress who had levelled sexual abuse allegations against several male actors, including CPI MLA M Mukesh, on Friday said she was not keen on pursuing her complaints due to "lack of support and protection from the Kerala government". Malayalam actor and MLA, Mukesh, was accused of sexual abuse by a female actor The complainant also alleged "carelessness" …

Man gets 20-year RI in POCSO case in Bahraich
1 month, 4 weeks ago

Man gets 20-year RI in POCSO case in Bahraich

Hindustan Times  

In a significant judgment, Additional Sessions Judge for Protection of Children from Sexual Offences, Deep Kant Mani, has sentenced one Islam, a resident of Laukahi village, to 20 years of rigorous imprisonment under Section 6 of the POCSO Act, 2012. Following the complaint, the police registered an FIR against Islam under Sections 376, 323, 504, and 506 of the Indian …

Anna Nagar POCSO case | Supreme Court stays order for CBI probe into sexual assault of minor in Chennai
2 months ago

Anna Nagar POCSO case | Supreme Court stays order for CBI probe into sexual assault of minor in Chennai

The Hindu  

The Supreme Court has stayed an order passed by the Madras High Court on October 1 transferring the investigation in a Protection of Children from Sexual Offences Act case from the Anna Nagar All Women Police Station in Chennai to the Central Bureau of Investigation. Passing interim orders on a criminal appeal preferred by the Greater Chennai City Police, the …

SC stays transfer of Pocso case to CBI, orders SIT formation
2 months ago

SC stays transfer of Pocso case to CBI, orders SIT formation

New Indian Express  

CHENNAI: The Supreme Court on Monday stayed the Madras High Court order that transferred the Pocso case probe in the alleged sexual assault of a 10-year-old girl in Anna Nagar to CBI in October. The apex court also ordered the constitution of a Special Investigation Team and asked the state police to send a list of seven IPS officers belonging …

Bigamy | FIR Along With Conviction Can Be Quashed On Basis Of Compromise At Stage Of Appeal/ Revision: Punjab & Haryana High Court
2 months, 1 week ago

Bigamy | FIR Along With Conviction Can Be Quashed On Basis Of Compromise At Stage Of Appeal/ Revision: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has set aside a conviction and sentencing order along with the FIR in a bigamy case, on account of compromise entered between the parties.Justice Sumeet Goel said, "Section 528 of BNSS, 2023 reflects peerless powers, which a High Court may draw upon as necessary whenever it is just and equitable to do so, in …

Kerala High Court Quashes Case Against Police Officer For Remarks Against Walayar Rape Victims, Asks DGP To Consider Action Against News Channel
4 months ago

Kerala High Court Quashes Case Against Police Officer For Remarks Against Walayar Rape Victims, Asks DGP To Consider Action Against News Channel

Live Law  

The Kerala High Court has quashed the criminal case filed against Superintendent of Police M. P. Sojan for making distasteful comments against the child victims in Walayar rape case. The Counsel for the complainant said that in Section 23, the words “any person” which signifies that the provision is not just applicable to the media persons but any other person …

Madras HC Quashes POCSO Case Against Woman Who Alleged Mother & Sister Illegaly Retained Her Daughter's Custody, Orders Child To Be Returned
4 months, 3 weeks ago

Madras HC Quashes POCSO Case Against Woman Who Alleged Mother & Sister Illegaly Retained Her Daughter's Custody, Orders Child To Be Returned

Live Law  

In an unusual order, the Madras High Court has invoked its extraordinary jurisdiction in a habeas corpus case, to quash the criminal proceedings initiated against a woman under the Protection of Children from Sexual Offences Act. After granting custody to the woman, the court went a step further and examined the POCSO proceedings initiated against her on the complaint of …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
5 months, 1 week ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim
5 months, 3 weeks ago

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim

Live Law  

The Karnataka High Court has quashed rape proceedings against an accused who during the pendency of the petition seeking quashing of offence was released on interim bail to allow him to marry the victim, who turned major and gave birth to a child. If the proceedings are not quashed, it would undoubtedly result in grave jeopardy to the life of …

POCSO Case: Karnataka High Court Exempts Former Chief Minister BS Yediyurappa From Personal Appearance Before Trial Court On July 15
6 months ago

POCSO Case: Karnataka High Court Exempts Former Chief Minister BS Yediyurappa From Personal Appearance Before Trial Court On July 15

Live Law  

The Karnataka High Court on Friday adjourned to July 26, hearing of a petition filed by former Chief Minister BY Yediyurappa seeking to quash a POCSO case registered against him. Ld judge of court below is requested to grant exemption for the day, on the next date of hearing till any other day, till this matter is taken up for …

Allahabad High Court Weekly Round-Up: July 1 – July 7, 2024
6 months ago

Allahabad High Court Weekly Round-Up: July 1 – July 7, 2024

Live Law  

NOMINAL INDEX State Of U.P. India's Majority Population Would Be In Minority One Day If Conversions In Religious Congregations Not Stopped: Allahabad HC Case title – Kailash vs state of UP 2024 LiveLaw 415 Case citation: 2024 LiveLaw 415 The Allahabad High Court observed that if the current trend of conversions during religious congregations is permitted to continue, the majority …

POCSO Act Often Misused To Settle Personal Scores, Even In Matrimonial Disputes False Accusations Made To Deny Custody To Father: Kerala HC
6 months, 1 week ago

POCSO Act Often Misused To Settle Personal Scores, Even In Matrimonial Disputes False Accusations Made To Deny Custody To Father: Kerala HC

Live Law  

The Kerala High Court has cautioned the Police officers as well as Courts to be vigilant against people with ill motivations who misuse the provisions of Prevention of Children from Sexual Offences Act to settle personal scores. Even in matrimonial disputes, it said, minor children are used for alleging POCSO offences so the father of the child would not get …

Truth will prevail in court: Yediyurappa's son Vijayendra on POCSO case against father
7 months ago

Truth will prevail in court: Yediyurappa's son Vijayendra on POCSO case against father

New Indian Express  

BENGALURU: State BJP President B Y Vijayendra on Friday reacted to the Karnataka High Court restraining the CID from arresting his father and former chief minister B S Yediyurappa in a POCSO case, and said that the truth will prevail in the "temple of justice". Earlier in the day, the high court restrained the Criminal Investigation Department from arresting the …

Karnataka High Court Allows Interfaith Couple To Cohabit After Girl Says She Voluntarily Left Home, Wasn't Facing Any Coercion Or Undue Influence From Husband
7 months, 3 weeks ago

Karnataka High Court Allows Interfaith Couple To Cohabit After Girl Says She Voluntarily Left Home, Wasn't Facing Any Coercion Or Undue Influence From Husband

Live Law  

The Karnataka High Court recently disposed of habeas corpus petition filed by a mother of a girl after the detenue girl informed the court that she has married and is staying with her Muslim husband in Kerala and does not intend to go back to her parents. A division bench of Justice S Sunil Dutt Yadav and Justice Venkatesh Naik …

Karnataka High Court Grants Bail To POCSO Accused After He Undertakes To Marry Victim Upon Her Attaining Age Of Majority
8 months, 1 week ago

Karnataka High Court Grants Bail To POCSO Accused After He Undertakes To Marry Victim Upon Her Attaining Age Of Majority

Live Law  

The Karnataka High Court recently granted bail to a POCSO rape accused after he and the guardian of the minor victim girl filed an affidavit in court agreeing for the accused to marry the victim immediately upon her attaining the age of majority. A single judge bench of Justice Rajendra Badamikar allowed the petition filed by Lokesh Kumar who was …

POCSO Act’s aim cannot be ignored merely because abusers marry minor victims to escape conviction: Supreme Court
8 months, 1 week ago

POCSO Act’s aim cannot be ignored merely because abusers marry minor victims to escape conviction: Supreme Court

The Hindu  

The Supreme Court on Thursday said the objective of Protection of Children from Sexual Offences Act could not be ignored merely because child marriages continue, or worse still, abusers marry their minor victims to escape conviction. The High Court had then passed a series of observations in its order “advising” adolescent girls to “control their sexual urges”. During the hearing, …

Delhi court defers decision on Pocso case against Brij Bhushan Singh
10 months, 1 week ago

Delhi court defers decision on Pocso case against Brij Bhushan Singh

New Indian Express  

NEW DELHI: Delhi’s Patiala House Court on Saturday deferred its decision on the case against former Wrestling Federation of India chief Brij Bhushan Singh in connection with a case under Protection of Children from Sexual Offences Act of which the Delhi Police filed a cancellation report last year. On June 15, the police had filed a report before the court …

[POCSO Act] Mandatory For Any Person Having Knowledge Of Offence To Inform Police Authorities: Punjab & Haryana High Court
10 months, 2 weeks ago

[POCSO Act] Mandatory For Any Person Having Knowledge Of Offence To Inform Police Authorities: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that any person knowing about the commission of an offence against a child under the Protection of Children from Sexual Offences Act must inform the police or Special Juvenile Police Unit irrespective of whether the concerned person is a parent of the child or friend.The Court was hearing a plea …

'Extraordinary Circumstance': Madras HC Quashes POCSO Case over Minor's Marriage, Prioritising Well-being of Young Children
11 months ago

'Extraordinary Circumstance': Madras HC Quashes POCSO Case over Minor's Marriage, Prioritising Well-being of Young Children

News 18  

The Madras High Court recently quashed a case filed under the Protection of Children from Sexual Offences Act, 2012, and The Prohibition of Child Marriage Act, 2006. Based on that, the case was registered under the provisions of the POCSO Act and the Prohibition of Child Marriage Act, 2006, against the victim’s husband, his father, and the victim’s parents. The …

Punjab & Haryana High Court Commutes Death Sentence Of Man Who Raped His Minor Daughter, Cites His Marginalised Background
11 months ago

Punjab & Haryana High Court Commutes Death Sentence Of Man Who Raped His Minor Daughter, Cites His Marginalised Background

Live Law  

The Punjab and Haryana High Court has commuted the death sentence imposed on a man convicted for raping his own minor daughter, considering that he belonged to a marginalised part of the society.A division bench of Justice GS Sandhawalia and Justice Lapita Banerji said, "No doubt that the act as such is horrific and there can be no sympathy shown …

Rajasthan High Court Quashes POCSO Case On Being Informed Of Victim's Marriage With Accused
11 months, 1 week ago

Rajasthan High Court Quashes POCSO Case On Being Informed Of Victim's Marriage With Accused

Live Law  

Recently, Rajasthan High Court decided to rescind criminal proceedings against a POCSO accused, after being informed that the victim/survivor is living a happily married life with the former. Before quashing the rape case ongoing before Jaipur Metropolitan I Special Judge, the single judge bench of Justice Mahendar Kumar Goyal observed that the survivor herself has stated before the court about …

Bombay High Court Grants Bail To POCSO Accused After Finding That Complainant, Advocate Submitted False & Impersonated Affidavit Before Notary
11 months, 2 weeks ago

Bombay High Court Grants Bail To POCSO Accused After Finding That Complainant, Advocate Submitted False & Impersonated Affidavit Before Notary

Live Law  

The Bombay High Court recently granted bail to a man accused of sexually assaulting his daughter after finding that the complainant and her advocate, filed a false affidavit in the case. Prima facie, the conduct of the Respondent No.2 and the conduct of the learned Advocate Rohit Kumar amounts to interference in the administration of justice as false and fabricated …

Kerala High Court Annual Digest 2023: Criminal Law
1 year ago

Kerala High Court Annual Digest 2023: Criminal Law

Live Law  

Can't Test Veracity Of Material When Cognizable Offence Disclosed: Kerala High Court Dismisses Cop's Plea For Quashing Of Corruption Case Case Title: T. A. Abdul Sathar v. The State of Kerala and Ors. v. State of Kerala Citation: 2023 LiveLaw 120 The Kerala High Court dismissed the bail application of Sunil N.S., also known as 'Pulsar Suni', the main accused …

POCSO Case Initiated Because Engagement Was Called Off: Kerala High Court Quashes Case Upon Noting Subsequent Reconciliation & Marriage Of Parties
1 year ago

POCSO Case Initiated Because Engagement Was Called Off: Kerala High Court Quashes Case Upon Noting Subsequent Reconciliation & Marriage Of Parties

Live Law  

The Kerala High Court recently quashed proceedings under the Protection of Children from Sexual Offences Act and the Indian Penal Code against a man alleged to have sexually abused the victim. Justice Gopinath P. noted that the allegations against the petitioner accused had been launched following his withdrawal from marriage with the victim, after the engagement ceremony. Justice Gopinath P. …

Karnataka High Court Weekly Round-Up: November 27 To December 3, 2023
1 year, 1 month ago

Karnataka High Court Weekly Round-Up: November 27 To December 3, 2023

Live Law  

Nominal Index: Karnataka Power Transmission Corporation Limited & Other And Mallikarjun Savanur. 2023 LiveLaw 456 Harish B T And Life Insurance Corporation of India 2023 LiveLaw 457 PC Act | Proceedings By Third Parties Not Judicial Proceedings, Employer Cannot Withhold Pension On Such Grounds: Karnataka High Court Case Title: Karnataka Power Transmission Corporation Limited & Other And Mallikarjun Savanur Case …

Karnataka High Court Quashes Child Marriage Case, Holds Criminal Proceedings Against Accused-Husband Not In Interest Of Survivor And Child
1 year, 1 month ago

Karnataka High Court Quashes Child Marriage Case, Holds Criminal Proceedings Against Accused-Husband Not In Interest Of Survivor And Child

Live Law  

The Karnataka High Court has quashed the criminal case initiated against a man for offences punishable u/s 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006, taking note of the survivor's plea that she and her child depended on him and the prosecution would not be in the interest of justice. She claimed that if the criminal …

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim
1 year, 1 month ago

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim

Live Law  

Basing the proof of charge on solitary, unblemished testimony of the victim, the Punjab & Haryana High Court upheld conviction and life imprisonment of a man for committing rape upon a 13-year old girl in Haryana. The Division Bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari rejected the contention that testimony of the victim lost credibility because her mother …

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship
1 year, 1 month ago

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship

Live Law  

The Karnataka High Court has quashed a rape case against an accused subject to him solemnizing marriage with the survivor, who claimed they were in a consensual relationship while she was a minor and now having attained majority, intend to marry each other. A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by Chikkaredappa and directed him …

S.28 POCSO Act | Offences Under SC/ST Act Can Be Tried By POCSO Court If Part Of Same Transaction: Kerala High Court
1 year, 2 months ago

S.28 POCSO Act | Offences Under SC/ST Act Can Be Tried By POCSO Court If Part Of Same Transaction: Kerala High Court

Live Law  

The Kerala High Court has permitted a POCSO Court to try the offences under SC/ST Act relating to abuse and assault of the minor victim's father stating that the two offences were closely connected as the incident occurred within half hour of the offence under POCSO Act.Justice Gopinath P. relied on MS.P xxx Vs. State of Uttarakhand & Anr. The …

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim
1 year, 3 months ago

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim

Live Law  

The Kerala High Court recently quashed the proceedings against a man who had been alleged of having committed offences under Sections 354 and 376 of the Indian Penal Code, and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012, on the ground that the parties were now married. Justice Gopinath P. observed, "The …

Karnataka High Court Weekly Round-Up: September 18 To September 24, 2023
1 year, 3 months ago

Karnataka High Court Weekly Round-Up: September 18 To September 24, 2023

Live Law  

Nominal Index : Veerbhadra Gowda & ANR AND State of Karnataka & Others. 2023 LiveLaw 365 Judgments/Orders Land Earmarked For Village Cattle Can Be Diverted For Larger Public Purposes Like Waste Disposal Unit: Karnataka High Court Case Title: Veerbhadra Gowda & ANR AND State of Karnataka & Others Case No: WRIT PETITION NO. Therefore, the offence punishable under Section 498A …

Delhi High Court Directs Registrar To Seek Explanation From Trial Court Judge For Passing Non-Reasoned Order Granting Bail To POCSO Accused
1 year, 4 months ago

Delhi High Court Directs Registrar To Seek Explanation From Trial Court Judge For Passing Non-Reasoned Order Granting Bail To POCSO Accused

Live Law  

The Delhi High Court has directed its Registrar to seek an explanation from a trial court judge for passing a “non-reasoned” order granting bail to a POCSO accused. “The Registrar of this Court is directed to seek explanation on the administrative side from the concerned Judge, as to the reasons for passing the non-reasoned impugned order, report whereof shall. “The …

Madras High Court to review Tamil Nadu minister Ponmudy's acquittal
1 year, 5 months ago

Madras High Court to review Tamil Nadu minister Ponmudy's acquittal

India Today  

The Madras High Court has decided to take up a suo motu revision of the order of a court in Vellore which acquitted Tamil Nadu Higher Education Minister and senior DMK leader K Ponmudy and his wife in a disproportionate assets case registered by the Directorate of Vigilance and Anti-Corruption. On June 28, a principal sessions court in Vellore acquitted …

POCSO Act is a gender-neutral legislation: Delhi High Court
1 year, 5 months ago

POCSO Act is a gender-neutral legislation: Delhi High Court

The Hindu  

The Delhi High Court has said that the POCSO Act is a gender-neutral legislation while rejecting an assertion that the law is being "misused" as it is a "gender based" enactment. Justice Swarana Kanta Sharma took exception to the submission made by an accused under the Protection of Children from Sexual Offences Act seeking to cross-examine the victim again before …

Meghalaya HC quashes POCSO charges against man, expresses concern on its misuse
1 year, 6 months ago

Meghalaya HC quashes POCSO charges against man, expresses concern on its misuse

Hindustan Times  

The Meghalaya high court on Wednesday quashed charges of the Protection of Children from Sexual Offences Act against a man stating that “consensual sexual intercourse with a 16-year-old girl didn’t come under the purview of the legislation”. Meghalaya high court The court of justice Wanlura Diengdoh released John Franklin Shylla forthwith, citing that sometimes “a large array of cases filed …

Court May Sentence Accused To Lesser Offence Than Charged But Can't Sentence For Higher Offence Without Altering Charge: Karnataka High Court
1 year, 6 months ago

Court May Sentence Accused To Lesser Offence Than Charged But Can't Sentence For Higher Offence Without Altering Charge: Karnataka High Court

Live Law  

The Karnataka High Court has held that the trial court has the power to find an accused guilty for the lesser offence even though the charges were framed for major offences. But the trial Court found him guilty and convicted and sentenced him to undergo 10 years imprisonment for the offence punishable under Section 6 of the Act. Such being …

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